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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is a person running a livestock farming business, and the defendant is a corporation selling construction materials such as ready-mixed, etc.
B. On April 5, 2017, the Plaintiff issued an order for ready-mixed concrete to the Defendant for the floor construction, among the construction of a stable on the land of the Chungcheong-gun C (hereinafter “the instant stable”). On April 5, 2017, the Defendant supplied ready-mixed concrete (title robbery: 21MPa) at the construction site of the said stable.
C. The livestock shed floor of this case, where the Plaintiff built ready-mixed concrete supplied by the Defendant, has a present surface gambling phenomenon.
[Ground of recognition] Facts without dispute, entry of Gap evidence 3 and 6 (including additional number), the purport of the whole pleadings
2. Determination as to the cause of action
A. Due to the defect of ready-mixed concrete supplied by the Defendant to the Plaintiff by the Plaintiff, the instant livestock shed floor of this case is imminent on the surface and dust emitting.
Therefore, the defendant is obligated to pay damages to the plaintiff KRW 53,513,366.
B. Determination 1) Furthermore, according to the health class, Gap evidence Nos. 3, 5, and 10 as to whether the above phenomenon was caused by defects in concrete supplied by the defendant, the name intensity of the concrete supplied by the defendant to the plaintiff is 21MPa, the plaintiff's request for measurement of the floor strength of the stable of this case to FITI Institute was 12.9Ma; the defendant added 15% to the ready-mixed concrete supplied to the plaintiff on April 5, 2017; the defendant added 15% to the ready-mixed concrete of this case; the fact that the name intensity of the concrete supplied by the defendant to the plaintiff is 2.9Ma; the plaintiff's request for measurement of the floor strength strength of the stable of this case to the plaintiff on April 5, 2017; the fact that the defendant added flash 15% to the ready-mixed concrete of this case; the fact that the above phenomenon may occur in the lusium of D University Construction E.